On 21 March, a Tunisian court sentenced rapper Ala Yacoubi (aka Weld El15) to two years in prison in absentia, over an anti-police song and video, Boulicia Kleb published on YouTube. In the song, Weld El15 describes police officers as “dogs” and says “he would like to slaughter a police officer instead of sheep at Eid al-Adha”. Four other rappers, to whom Weld El15 dedicated the song, were also sentenced to two years in prison in absentia. Actress Sabrine Klibi, who appears in the video, and cameraman Mohamed Hedi Belgueyed, were arrested on 10 March. They each received a six-month suspended jail sentence.
Yacoubi, who is in hiding, told award-winning blog Nawaat:
There are those who accuse me of inciting violence against police. I was only using their language…I was subject to all forms of police violence: physical and verbal. As an artist, I can only answer them through my art: aggressive art…I expressed myself in a country, where I thought freedom of expression exists. It turned out that I was wrong.
To bring charges against Weld El15 and his associates, prosecutors applied anti-free speech laws inherited from the dictatorship era. Among these laws are articles 128 and 226 of the Penal Code. The latter carries a penalty of a six-month jail term for “affronting public decency”; while article 128 states that anyone found guilty of “accusing without proof a public official” could face a two-year jail term.
Weld El15 is not the only victim of these liberticidal laws. Blogger Olfa Rihai could face imprisonment over criminal defamation charges [articles 128 and 245 of the Tunisian Penal Code. Last December, Riahi posted on her blog an article alleging that the then foreign minister Rafik Abdessalem “misused public money” by spending several nights at the luxurious Sheraton hotel in Tunis. She went on to claime that the minister might have been involved in an extra-marital affair. Riahi is also accused of “harming others or disrupting their lives through public communication networks,” under article 86 of the Telecommunication code (Law no.1-2001 of 15 January 2001). If convicted under this article, she could spend up to two years in prison and pay a fine of up to 1,000 Tunisian dinars.
Article 86 of the Telecommunication Code highlights Tunisia’s vulnerable internet freedom. Despite, positive steps taken by the Tunisian authorities in favour of free speech online, freedom of the internet remains under threat due to Ben Ali’s ICT laws. Last September, Mongi Marzoug minister of Information and Communications Technology, officially announced “the death of Ammar404” [slang for Tunisian internet censorship]. In January, the ICT ministry cancelled a number of regulatory provisions in the licenses previously awarded to privately-owned telecom operators Tunisiana and Orange Tunisie.
The two ISPs are now able to bypass the Tunisian Internet Agency (ATI), for incoming and outgoing international Internet traffic. The former regime obliged ISPs to route their internet traffic via the ATI to facilitate internet filtering and surveillance.
Yet these guarantees remain insufficient, as long as repressive ICT and internet laws remain on the books. For instance, article 9 of Internet Regulations (dated 22 March, 1997) obliges ISPs to monitor and take down content contrary to public order and “good morals”. No one can stand in the way of prosecutors and judges who wish to apply these laws.
The National Constituent Assembly (NCA) is scheduled to adopt a new constitution by next summer. A second draft of the constitution, released last December, enshrines the right to free expression and prohibits “prior censorship”. However, unless anti free speech laws are revised or abolished, the future constitution will in no way be enough to guarantee free expression.
On 21 March, a Tunisian court sentenced rapper Ala Yacoubi (aka Weld El15) to two years in prison in absentia, over an anti-police song and video, Boulicia Kleb published on YouTube. In the song, Weld El15 describes police officers as “dogs” and says “he would like to slaughter a police officer instead of sheep at Eid al-Adha”. Four other rappers, to whom Weld El15 dedicated the song, were also sentenced to two years in prison in absentia. Actress Sabrine Klibi, who appears in the video, and cameraman Mohamed Hedi Belgueyed, were arrested on 10 March. They each received a six-month suspended jail sentence.
Yacoubi, who is in hiding, told award-winning blog Nawaat:
There are those who accuse me of inciting violence against police. I was only using their language…I was subject to all forms of police violence: physical and verbal. As an artist, I can only answer them through my art: aggressive art…I expressed myself in a country, where I thought freedom of expression exists. It turned out that I was wrong.
To bring charges against Weld El15 and his associates, prosecutors applied anti-free speech laws inherited from the dictatorship era. Among these laws are articles 128 and 226 of the Penal Code. The latter carries a penalty of a six-month jail term for “affronting public decency”; while article 128 states that anyone found guilty of “accusing without proof a public official” could face a two-year jail term.
Weld El15 is not the only victim of these liberticidal laws. Blogger Olfa Rihai could face imprisonment over criminal defamation charges [articles 128 and 245 of the Tunisian Penal Code. Last December, Riahi posted on her blog an article alleging that the then foreign minister Rafik Abdessalem “misused public money” by spending several nights at the luxurious Sheraton hotel in Tunis. She went on to claime that the minister might have been involved in an extra-marital affair. Riahi is also accused of “harming others or disrupting their lives through public communication networks,” under article 86 of the Telecommunication code (Law no.1-2001 of 15 January 2001). If convicted under this article, she could spend up to two years in prison and pay a fine of up to 1,000 Tunisian dinars.
Article 86 of the Telecommunication Code highlights Tunisia’s vulnerable internet freedom. Despite, positive steps taken by the Tunisian authorities in favour of free speech online, freedom of the internet remains under threat due to Ben Ali’s ICT laws. Last September, Mongi Marzoug minister of Information and Communications Technology, officially announced “the death of Ammar404” [slang for Tunisian internet censorship]. In January, the ICT ministry cancelled a number of regulatory provisions in the licenses previously awarded to privately-owned telecom operators Tunisiana and Orange Tunisie.
The two ISPs are now able to bypass the Tunisian Internet Agency (ATI), for incoming and outgoing international Internet traffic. The former regime obliged ISPs to route their internet traffic via the ATI to facilitate internet filtering and surveillance.
Yet these guarantees remain insufficient, as long as repressive ICT and internet laws remain on the books. For instance, article 9 of Internet Regulations (dated 22 March, 1997) obliges ISPs to monitor and take down content contrary to public order and “good morals”. No one can stand in the way of prosecutors and judges who wish to apply these laws.
The National Constituent Assembly (NCA) is scheduled to adopt a new constitution by next summer. A second draft of the constitution, released last December, enshrines the right to free expression and prohibits “prior censorship”. However, unless anti free speech laws are revised or abolished, the future constitution will in no way be enough to guarantee free expression.
A 19-year-old Tunisian women’s rights activist, known only as Amina, has come under fire for posting a topless photograph of herself online. Amina is a member of FEMEN, a Ukranian radical feminist group notorious for their topless protests. Weeks ago, Amina uploaded a picture of herself to a website she started for the group in Tunisia, with ”My Body is My Own and Not the Source of Anyone’s Honor” written across her bare chest.
Late last week, the Paris-based head of the group, Inna Shevchenko, claimed that Amina had been committed to a psychiatric ward by her family members. Shevchenko told the Atlantic that she last heard from Amina on 18 March. Her disappearance came after a 16 March appearance on Tunisian talkshow Labes to talk about her controversial photographs. However, her lawyer Bouchra Bel Haj Hmida, told Tunisia live that she is not missing, and denied allegations that Amina has been sent to a psychiatric facility.
While no legal charges have been brought against Amina, Salafi preacher Adel Almi said days before her disappearance that she should be punished with 80-100 lashes, and called for her to be stoned to death. According to Bel Haj Hmida, Amina could face up to six months of jail-time if charged with public indecency.
Women from across the globe have posted photographs of themselves topless online, with messages of support for Amina scrawled across their bodies. A petition for her release has now garnered over 84,000 signatures.
Secular activist Maryam Namazie has called for 4 April to be declared International Day to Defend Amina, in order to “remind the Islamists and the world that the real epidemic and disaster that must be challenged is misogyny — Islamic or otherwise.”
Sara Yasin is an Editorial Assistant at Index. She tweets from @missyasin
Free speech in Tunisia will continue to remain in jeopardy as a new year kicks off.
During the next few months, the National Constituent Assembly (NCA) is scheduled to adopt Tunisia’s new constitution. Last December, the NCA published a second draft constitution which guarantees the right to free speech and prohibits prior censorship. Yet a vague and repressive legal framework created by former President Zeine el-Abidin Ben Ali to silence dissident voices is still in place, and free speech advocates remain concerned over Islamist vows to criminalise blasphemy.
A woman protests against censorship, Tunis, October 2011. Wahida Sannene | Demotix
Although Ben Ali’s autocratic rule ended almost two years ago, his legacy remains on the books. Ben Ali-era laws represent a serious threat to free speech. Last year, the public prosecutor’s office used Article 121 (3) of the Tunisian Penal Code to take legal actions against Nessma TV boss Nabil Karouiover the broadcast of the animated film Persepolis and a newspaper director for publishing a nude photo. The article prohibits the distribution of publications “liable to cause harm to the public order or public morals”. As 2012 ended without any serious political will to amend or abolish this article and other anti-free speech laws, journalists, bloggers and artists risk facing more “public disorder” and “morality” charges.
Media executives and journalists’ unions expect that 2013 will bring an end to the legal void that characterises the audio-visual media landscape through the putting into effect decree-law 116, dated 2 November 2011. Implementing this decree would establish an independent body tasked with organising the audio-visual media landscape in a “pluralistic, democratic and transparent manner”.
Over the last year, street attacks on free speech in the name of religion increased dramatically. This trend is expected to continue in 2013, given a staggering level of impunity. Tunisia’s current government has always expressed its condemnation of violence and its commitment to guaranteeing free speech. Yet, every time free expression comes under attack, officials turn a blind eye to the perpetrators and blame the victims. When ultraconservative protesters attacked the Spring of Arts fair last June, the Minister of Culture rushed to blame the artists for attacking Tunisians’ sacred religious symbols and vowed to take legal action against the fair’s organisers.
Last August, the ruling Islamist Ennahdha Movement, which controls 40 per cent of parliamentary seats, vowed to “legally protect the sacred” and filed a blasphemy bill. The party has already agreed to drop an anti-blasphemy clause from the new constitution after negotiations with the other two parties in the ruling coalition, the Congress for the Republic and the Democratic Forum for Work and Liberties. Will the Islamists also abandon their plans to criminalise blasphemy?
